Mahan Traders Through Sh. Jaswant Singh ... vs Shri Amar Singh on 14 November, 2006
23. The observation of the Arbitral Tribunal that the dispute about dissolution of the firm was not before the designate of the Chief Justice when the petition under Section 11(6) was decided is also not correct as an application for arbitration invoking arbitration and appointment of an arbitrator in terms of Section 11 would be an application for dissolution of the firm as was held by the Division Bench of this Court in Mulkh Raj (supra). A partnership which is at will which is not disputed by the parties, an application for arbitration invoking arbitration and appointment of an Arbitrator in terms of Section 11 would be an application for dissolution of the firm or for having share by the partners from the assets of the firm. When there is no mutual trust between the parties and the relationship has become so strained that it is impossible to carry on the businesses by the partners, it will be open to claim dissolution and such a question could be adjudicated by the Arbitrator. The scope of reference must be looked from the angle as to what was the is spirit behind the reference to the arbitration and whether the idea was to settle all the disputes between the parties and not to confine the same to any one or the other issue arising their under as was held by the Apex Court in V.H. Patel & Company.